Terms & Conditions of Trade

1. Definitions

1.1. Unless the context otherwise requires, the following definitions shall apply to these terms and conditions:
1.2. “Company” – W R & D Wells Pty Ltd and Wells Hygiene Ltd;
1.3. “Customer” – the purchaser of the goods from the Company shown on the front of this form;
1.4. “Goods” – means those goods supplied to the Customer, and
1.5. “Default interest rate” – means the base lending rate charged by the Company’s bank plus a margin of 5 percent per annum.

2. Supply

2.1. The goods will be supplied to the Customer on these terms and conditions unless the Company agrees in writing to change them.

3. Price

3.1. The price for the goods shall be the price agreed between the Company and the Customer at the date of the order or if no such agreement is made then the current recommended retail price charged by the Company at the date of delivery. The price does not include charges for freight, taxes, insurance or duties unless otherwise agreed between the Company and the Customer.
3.2. The Company reserves the right to change the price in the event of a variation to the Company’s quotation.
3.3. At the Company’s sole discretion a deposit maybe required.
3.4. Payments may be made by cash, or by cheque, or by credit / debit card or by direct bank transfer. Please note, the Company has the discretion to charge a surcharge for payments made by credit cards.
3.5. GST and other taxes and duties that may be applicable shall be added to the Price.

4. Payment

4.1. Time for payment for the goods will be stated on the invoice and other forms. If no time is stated then payment shall be no later than 30 days after the date of the invoice. If the Customer fails to pay on or before the due date the Customer shall pay interest at the Default Rate from the due date to the date of payment.
4.2. Any expenses, costs or disbursements incurred by the Company in covering any outstanding monies including debt collection agency fees or solicitor’s costs shall be paid by the Customer.
4.3. If the account is in dispute, the undisputed portion of the account shall be payable in accordance with the normal terms of payment. Payment of the disputed portion may be withheld provided the matter is brought to the Company’s attention immediately it is discovered and a letter of explanation setting out the particulars of the dispute are sent to the Company within seven (7) days of the dispute arising.

5. Delivery

5.1. The Company shall deliver the goods to the address stated on the order, or as agreed by the Company in writing.
5.2. The Company shall deliver the goods by such carrier and such form of transport the Company considers to be appropriate. You may specify the carrier and means of carrier in writing, the cost of such carriage being an additional charge to the invoiced price of the goods, unless otherwise agreed in advance.
5.3. The Customer agrees to inform the Company within 14 days of the date of invoice if proof of delivery is required. After this period, no liability will lie with the Company for proof of delivery.
5.4. The Company’s reserves the right to suspend the delivery of further goods if the payment terms are not strictly adhered to by the Customer.

6. Title

6.1. It is the intention of the Company and agreed by the Customer that ownership of the Goods shall not pass until the Customer has paid all amounts owing for the particular goods.

7. Defects and Shortages

7.1. The Customer shall inspect the Goods on delivery and shall within seven (7) days notify the Company of any alleged defect, shortage in quantity or failure to comply with the description or quote. The Customer shall afford the Company an opportunity to inspect the Goods within a reasonable time following delivery of the goods the Customer believes are defective. If the Customer fails to comply with these provisions the Goods shall be presumed to be free from defect.
7.2. No goods shall be accepted for return except in accordance with 8.1 below.

8. Returns

Returns will only be considered/accepted provided that:
8.1. The Customer has provided the invoice number and date of purchase;
8.2. The Customer has complied with the provisions of clause 7.1 above;
8.3. The Company has agreed in writing to accept the return of the Goods and the Company has provided a return authorisation number;
8.4. The Goods are returned at the Customer’s cost within seven (7) days of the delivery date including the return authorisation form;
8.5. The Company will not be liable for Goods which have not been stored or used in a proper manner, and
8.6. The Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.

9. Warranty

9.1. For goods not manufactured by the Company, the warranty shall be the current warranty provided by the manufacturer of the Goods.

10. Privacy

10.1. We use personal information as supplied by you to process and deliver your order for marketing and to access your credit worthiness.

11. Personal Liability

Any Signatory to this Application on behalf of the Customer, whether it be a signatory for a proprietary Company or other, shall be personally liable for the due performance of the Customer’s obligations as if the signatory/s was/were the Customer.

12. Applicable Law and Exclusive Jurisdiction

Unless otherwise agreed in writing by the Company, at the Company’s sole selection, the Courts of any State or Territory in Australia will have exclusive jurisdiction in relation to all matters whatsoever concerning these terms and conditions. The Customer irrevocably waives any objection to the venue selected by the Company in relation to any legal proceedings concerning these terms and conditions. The laws of the State or Territory chosen by the Company for any such legal proceedings, will govern these terms and conditions.